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     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 23RD DAY OF JULY 2013

                       PRESENT

      THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE

                          AND

          THE HON'BLE MR.JUSTICE A.S.BOPANNA

              WRIT PETITION NO.8106/2013
                           &
       WRIT PETITION NOS.8272-8274/2013(GM-POL)

BETWEEN

SRI SAI SAPTAGIRI SPONGE PVT. LTD.,
HAVING REGISTERED OFFICE AT SY.NO.83/A
TUMTI ROAD, BELAGAL VILLAGE
BELLARY DISTRICT - 583115
REP BY ITS DIRECTOR SMT. P. SAILEELA
                                     ... PETITIONER

(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR
 SRI B L ACHARYA, ADV.,)

AND

1.     STATE OF KARNATAKA
       DEPARTMENT OF FOREST, ECOLOGY &
       ENVIRONMENT, M.S. BUILDING
       BANGALORE-560001
       REP BY SECRETARY

2.     KARNATAKA STATE POLLUTION CONTROL
       BOARD, PARISARA BHAVAN, NO.49
       CHURCH STREET, BANGALORE-560001
       REP BY ITS MEMBER SECRETARY
                                     ... RESPONDENTS

(BY SRI R G KOLLE, AGA FOR R-1;
 SRI D NAGARAJ, ADV., FOR R-2)
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     THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE JUDGMENT PASSED BY THE
APPELLATE AUTHORITY IN APPEAL NOS.16/12 C/W
17/12 C/W 42/12, C/W 43/12 DATED 30.01.2013
PRODUCED AT ANNEXURE-P AND ETC.,

    THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:

                           ORDER

D.H.WAGHELA, CJ (Oral)

1. The petitioner has called into question judgment dated 30.01.2013 of the Appellate Authority under Water and Air (Prevention and Control of Pollution) Acts, 1974 and 1981, in Appeal Nos.16-17/2012 and 42-43/2012 and prayed for quashing the orders dated 02.07.2012 and 09.10.2012, refusing consent for operation of the petitioner's plant under the Water (Prevention and Control of Pollution) Act, 1974. When these orders refusing consent and directing the petitioner to close down its industrial operation and processes as also directing the electricity company to cut off power supply to the petitioner were carried in appeals before the Karnataka State Appellate Authority in the aforesaid appeals, the appellate authority was pleased to hold that Appeal No.16/2012 was not maintainable and the connected Appeal No.17/2012 3 could not survive for consideration, for the reason briefly recorded in the impugned judgment.

2. Having regard to the facts and circumstance and the futility of carrying the matter further, it was fairly submitted on behalf of the petitioner by learned senior advocate Mr.Ashok Haranahalli that the petitioner proposes to follow the positive and constructive course of applying afresh for necessary permission and consent under the provisions of the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act with fees and submission of necessary documents.

3. Responding to that, it was fairly stated at the bar on behalf of the Karnataka State Pollution Control Board by learned counsel Mr.D.Nagaraj that, if and when the proposed applications were made by the petitioner, they will be expeditiously processed in accordance with law, without being influenced by the orders impugned herein or before the Appellate Authority. He also stated that the consequential orders issued under Section 33A of the Water (Prevention and Control of Pollution) Act would not survive, if and when consent under the relevant Acts is 4 granted; and if such consent were granted, the pollution control board would itself issue direction to reconnect power supply to the petitioner for early commencement of production.

4. The petitioner having been satisfied with the recording of the above statements in this order, the petitions were not pressed for any further relief or decision on merits regarding the contentions contained in the petitions. Therefore, by consent, the petitions are disposed after recording the above observations and statements, with no order as to costs.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkv